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SB 45MONTANASession 2025State BillSigned into law
Enacted

Montana creates judicial performance evaluation commission and system with SB 45

Original title: Create a judicial performance evaluation commission and system

Last action · May 19, 2025: Chapter Number AssignedSponsor: Tom McGillvray

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Montana establishes an 11-member Judicial Performance Evaluation Commission to conduct midterm and final performance evaluations of district court judges and supreme court justices starting in 2026. The new commission is allocated to the Department of Justice for administrative purposes and receives a total of $1,000,000 in one-time-only general fund appropriations across fiscal years 2025 and 2026. Performance reports remain confidential unless an evaluated judge files a declaration of candidacy for re-election, and the entire act terminates on June 30, 2035.

Why it matters

Montana voters gain access to public evaluations, survey responses, and courtroom observation data for state judges and justices standing for election, while judges face mandatory reviews of their legal ability, conduct, and workload management.

Background
  • Montana district court judges and supreme court justices serve fixed terms and face periodic retention or competitive elections. context
  • The Judicial Standards Commission in Montana investigates judicial misconduct and discipline, whereas the newly created Judicial Performance Evaluation Commission focuses on comprehensive performance evaluations and public surveys. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

District court judges and supreme court justices

Judges and justices are subject to mandatory midterm and final performance evaluations, courtroom observation, surveys, and public reporting of their performance if they run for election.

Directly affected

Attorneys, jurors, and court staff

Individuals in these groups are surveyed by a third-party contractor to provide confidential feedback regarding a judge's legal ability, conduct, and administrative performance.

Directly affected

Department of Justice

The department receives the commission for administrative purposes and receives $1,000,000 in general fund appropriations to implement the act.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

When do judicial performance evaluations start under SB 45?
The commission must begin preparing midterm and final performance evaluations for district court judges and supreme court justices starting in 2026.
Are judicial performance evaluation reports public record?
Reports and collected information remain confidential unless the evaluated judge files a declaration of candidacy for election, upon which the report becomes public record on the day following the filing deadline.
Who is surveyed as part of the judicial performance evaluation system?
A third-party contractor surveys attorneys who have appeared before the judge, jurors who have served in cases before the judge, and court staff who have worked with the judge.
How are members of the Judicial Performance Evaluation Commission appointed?
The 11 members are appointed by legislative leaders (senate and house presidents and minority leaders), the governor, and the chief justice of the supreme court, with 4-year staggered terms.

What else do you want to know?

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Where This Stands

Current status: Signed into law.

Procedural history

75 actions
  1. May 19, 2025Senate
    Chapter Number Assigned
  2. May 13, 2025SenateEnrolled
    (S) Signed by Governor
  3. May 8, 2025Senate
    (S) Transmitted to Governor
  4. May 6, 2025House
    (H) Signed by Speaker
  5. May 6, 2025Senate
    (S) Signed by President
  6. Apr 29, 2025Senate
    (S) Sent to Enrolling
Show 69 earlier actions
  1. Apr 28, 2025House
    (H) 3rd Reading Governor's Amendments
  2. Apr 28, 2025House
    (H) Scheduled for 3rd Reading
  3. Apr 25, 2025Senate
    (S) 3rd Reading Governor's Amendments
  4. Apr 25, 2025House
    (H) 2nd Reading Governor's Amendments
  5. Apr 25, 2025Senate
    (S) Scheduled for 3rd Reading
  6. Apr 24, 2025Senate
    (S) 2nd Reading Governor's Amendments
  7. Apr 24, 2025Senate
    (S) Scheduled for 2nd Reading
  8. Apr 23, 2025Senate
    (S) Returned with Governor's Amendments
  9. Apr 23, 2025Senate
    (S) Transmitted to Governor
  10. Apr 22, 2025House
    (H) Signed by Speaker
  11. Apr 22, 2025Senate
    (S) Signed by President
  12. Apr 19, 2025Senate
    (S) Returned from Enrolling
  13. Apr 17, 2025Senate
    (S) Sent to Enrolling
  14. Apr 17, 2025Senate
    (S) 3rd Reading House Amendments
  15. Apr 17, 2025Senate
    (S) Revised Fiscal Note Printed
  16. Apr 17, 2025Senate
    (S) Fiscal Note Unsigned
  17. Apr 16, 2025Senate
    (S) 2nd Reading House Amendments
  18. Apr 16, 2025Senate
    (S) Revised Fiscal Note Received
  19. Apr 15, 2025SenateFloor
    (S) 2nd Reading Pass Consideration
  20. Apr 11, 2025House
    (H) Returned to Senate with Amendments
  21. Apr 11, 2025House
    (H) 3rd Reading
  22. Apr 11, 2025House
    (H) 2nd Reading
  23. Apr 10, 2025Senate
    (S) Revised Fiscal Note Requested
  24. Apr 10, 2025HouseCommittee
    (H) Committee Report
  25. Apr 9, 2025HouseCommittee
    (H) Committee Executive Action
  26. Apr 9, 2025House
    (H) Hearing Canceled
  27. Apr 8, 2025House
    (H) Hearing
  28. Apr 8, 2025HouseCommittee
    (H) Rereferred to Committee
  29. Apr 8, 2025House
    (H) 2nd Reading
  30. Apr 3, 2025HouseCommittee
    (H) Committee Report
  31. Apr 3, 2025HouseCommittee
    (H) Committee Executive Action
  32. Mar 19, 2025House
    (H) Hearing
  33. Feb 28, 2025House
    (H) 1st Reading
  34. Feb 28, 2025HouseCommittee
    (H) Referred to Committee
  35. Feb 27, 2025Senate
    (S) Transmitted to House
  36. Feb 27, 2025Senate
    (S) 3rd Reading
  37. Feb 26, 2025Senate
    (S) Motion
  38. Feb 20, 2025SenateCommittee
    (S) Tabled in Committee
  39. Feb 20, 2025Senate
    (S) Revised Fiscal Note Printed
  40. Feb 20, 2025Senate
    (S) Revised Fiscal Note Signed
  41. Feb 20, 2025Senate
    (S) Revised Fiscal Note Received
  42. Feb 17, 2025Senate
    (S) Hearing
  43. Feb 17, 2025Senate
    (S) Revised Fiscal Note Requested
  44. Feb 10, 2025Senate
    (S) Hearing Canceled
  45. Feb 7, 2025Senate
    (S) Hearing
  46. Feb 7, 2025SenateCommittee
    (S) Rereferred to Committee
  47. Feb 7, 2025Senate
    (S) 2nd Reading
  48. Feb 7, 2025Senate
    (S) 2nd Reading Motion to Amend
  49. Feb 7, 2025Senate
    (S) Scheduled for 2nd Reading
  50. Feb 5, 2025SenateFloor
    (S) 2nd Reading Pass Consideration
  51. Feb 3, 2025SenateCommittee
    (S) Committee Report
  52. Feb 3, 2025SenateCommittee
    (S) Committee Executive Action
  53. Jan 7, 2025SenateCommittee
    (S) Referred to Committee
  54. Jan 6, 2025Senate
    (S) 1st Reading
  55. Jan 6, 2025Senate
    (S) Fiscal Note Printed
  56. Jan 6, 2025Senate
    (S) Hearing
  57. Jan 3, 2025Senate
    (S) Fiscal Note Signed
  58. Jan 3, 2025Senate
    (S) Fiscal Note Received
  59. Dec 18, 2024Senate
    (S) Fiscal Note Printed
  60. Dec 18, 2024Senate
    (S) Fiscal Note Requested
  61. Dec 12, 2024SenateIntroduced
    (S) Introduced
  62. Dec 12, 2024House
    (LC) Draft Delivered to Requester
  63. Dec 10, 2024House
    (LC) Draft Ready for Delivery
  64. Dec 10, 2024House
    (LC) Draft in Assembly
  65. Dec 9, 2024House
    (LC) Draft in Final Drafter Review
  66. Dec 9, 2024House
    (LC) Draft in Input/Proofing
  67. Dec 5, 2024House
    (LC) Draft in Edit
  68. Dec 4, 2024House
    (LC) Draft in Legal Review
  69. Oct 8, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Tom McGillvraySenate · District 26RepublicanPrimary sponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Establishment of Formal Judicial Evaluation System

Montana transitions from ad-hoc or informal judicial oversight to a structured, statutory performance evaluation system backed by periodic surveys and public reporting linked to election filings.

Judicial Performance Evaluation CommissionDepartment of Justice

Connected Entities

Law And Justice Committee, Tom McGillvray, Judicial Standards Commission and 6 more
OrganizationLaw And Justice Committee“Receives in-person written interim reports from the commission”Map →
PersonTom McGillvray“Republican Senator, District 26, and sponsor of SB 45”Map →
OrganizationJudicial Standards Commission“Shares information with the judicial performance evaluation commission upon requ”Map →
OrganizationMontana Supreme Court“Supreme court whose justices are evaluated under the bill and whose chief justic”Map →
OrganizationJudicial Branch, Law Enforcement, And Justice Interim Budget Committee“Receives in-person written interim reports from the commission”Map →
OrganizationDepartment of Justice“Receives administrative allocation of the commission and general fund appropriat”Map →
OrganizationSenate Select Committee On Judicial Oversight And Reform“Requested the introduction of SB 45”Map →
OrganizationCourt Administrator“Receives midterm reports, final reports, and notices regarding partial reports”Map →
OrganizationJudicial Performance Evaluation Commission“New 11-member commission created to evaluate judges and justices”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy35
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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